(a) On petition by a trustee, settlor, or beneficiary, a court may reform the terms of an irrevocable trust, even if the trust instrument is not ambiguous, to conform to the settlor's intention if the failure to conform was due to a mistake of fact or law, whether in expression in the trust or inducement to create the trust, and if the settlor's intent can be established by clear and convincing evidence.
(b) A court may consider evidence, including direct evidence contradicting the plain meaning of the text, when determining the settlor's intent or for any other purpose under this section.
Section: Previous 13.36.310 13.36.320 13.36.330 13.36.335 13.36.338 13.36.340 13.36.345 13.36.350 13.36.355 13.36.360 13.36.365 13.36.368 13.36.370 13.36.375 13.36.390 NextLast modified: November 15, 2016